Showing posts with label originalism. Show all posts
Showing posts with label originalism. Show all posts

Tuesday, June 23, 2009

The Constitution and what it means

With the Sonia Sotomayor confirmation hearing coming, the debate over Constitutional "originalism" vs. "living constitutionalism" is heating up again. NPR put up a piece on the PR aspects of the battle.

I'm having a hard time understanding how either argument is practical. On the one hand, it is patently ridiculous to suggest that the Constitution either is or was intended to be a final document for the ages.

On the other hand, one cannot responsibly suggest that all aspects of the Constitution are subject to interpretation.

However, I don't think that that is really what anyone is suggesting. I don't think either side is really absolutist in its definition, if you get down to it. But it sure does make a good media story if we can frame it as an epic battle of clashing ideas.

Cripes, people. Have a conversation, would ya?